[EL] ELB News and Commentary 1/24/13

bzall at aol.com bzall at aol.com
Thu Jan 24 05:57:20 PST 2013




The SG’s                Office Wants Argument Time in the Arizona Elections Case            
            
              Posted on              January 23,                  2013 2:57 pm by              Rick                  Hasen 
            
              
That’s according to the                  docket.  And there are lots of amicus briefs that                have just come in favoring the Respondents (and against                Arizona).  I will link when they are posted at                SCOTUSBlog or elsewhere.




A number of the briefs (which looks to be all those filed) are here: http://www.americanbar.org/publications/preview_home/12-71.html




Barnaby Zall 
Of Counsel 
Weinberg, Jacobs & Tolani, LLP 
10411 Motor City Drive, Suite 500
Bethesda, MD 20817
301-231-6943 (direct dial) 
bzall at aol.com 
_____________________________________________________________ 
U.S. Treasury Circular 230 Notice 

Any U.S. federal tax advice included in this communication (including 
any attachments) was not intended or written to be used, and cannot be 
used, for the purpose of (i) avoiding U.S. federal tax-related penalties 
or (ii) promoting, marketing or recommending to another party any 
tax-related matter addressed herein. 
_____________________________________________________________



-----Original Message-----
From: Rick Hasen <rhasen at law.uci.edu>
To: law-election at UCI.edu <law-election at uci.edu>
Sent: Thu, Jan 24, 2013 1:19 am
Subject: [EL] ELB News and Commentary 1/24/13


                  
      
        
           
      
    
    
      
        
          
            
 Off to                Austin            
            
              Posted on              January 23,                  2013 10:12 pm by              Rick                  Hasen 
            
              
for the Is                  America Governable? conference.
              
Regular blogging will resume Monday.
              
                
              
            
            
  Posted in Uncategorized               | Comments Off 
          
          
            
 Weak Tea            
            
              Posted on              January 23,                  2013 10:09 pm by              Rick                  Hasen 
            
              
Tepid                bipartisan                  filibuster deal is                  coming.
              
                
              
            
            
  Posted in legislation and legislatures               | Comments Off 
          
          
            
 “Va. House Speaker                holds key to redistricting vote”            
            
              Posted on              January 23,                  2013 10:05 pm by              Rick                  Hasen 
            
              
WaPo                  reports.
              
 
              
NYT:                Redistricting                  in Virginia Hurts Blacks, Democrats Say
              
 
              
                
              
            
            
  Posted in redistricting               | Comments Off 
          
          
            
 “Florida group wants                to end caps on campaign donations”            
            
              Posted on              January 23,                  2013 10:02 pm by              Rick                  Hasen 
            
              
WaPo                  reports.
                            
                
              
            
            
  Posted in campaign                  finance  | Comments                  Off 
          
          
            
 “17 Computer Scientists: Invest                More in Military Internet Voting; Letter: Internet                voting only option for military “to achieve first class                voter status””            
            
              Posted on              January 23,                  2013 9:26 pm by              Rick                  Hasen 
            
              
The National Defense Committee has issued this                  press release. See also this                  statement.
              
                
              
            
            
  Posted in election                  administration, internet                  voting, military                  voting, voting                  technology  | Comments                  Off 
          
          
            
 Arcane Question of the Day            
            
              Posted on              January 23,                  2013 3:04 pm by              Rick                  Hasen 
            
              
Why did the Supreme Court deny                the motion to correct the case caption in the Arizona                Elections Clause case?
              
I’ve not kept up to speed on this case and will need to                do some reading.
              
                
              
            
            
  Posted in Supreme                  Court  | Comments                  Off 
          
          
            
 The SG’s                Office Wants Argument Time in the Arizona Elections Case            
            
              Posted on              January 23,                  2013 2:57 pm by              Rick                  Hasen 
            
              
That’s according to the                  docket.  And there are lots of amicus briefs that                have just come in favoring the Respondents (and against                Arizona).  I will link when they are posted at                SCOTUSBlog or elsewhere.
              
                
              
            
            
  Posted in The                  Voting Wars, voter                  registration  | Comments                  Off 
          
          
            
 “Virginia                State Senate Moves Ahead on Electoral College-Rigging                Bill”            
            
              Posted on              January 23,                  2013 2:01 pm by              Rick                  Hasen 
            
              
Weigel.
              
                
              
            
            
  Posted in electoral                  college  | Comments                  Off 
          
          
            
 “GOP v. Voting Rights Act”            
            
              Posted on              January 23,                  2013 1:58 pm by              Rick                  Hasen 
            
              
William                  Yeomans writes for Reuters Opinion: “Put bluntly,                if the court’s Republican majority strikes down this                recently reauthorized, core provision of the Voting                  Rights Act – the most effective and revered of                all civil rights statutes — the backlash will likely                ensure that Republican presidential candidates will                struggle for a generation to win more than a handful of                minority votes. The specter of justices appointed by the                Republican Party joining in the effort to suppress                minority votes will likely ignite a new movement among                minorities and their allies to protect the franchise                against GOP attack.”
              
                
              
            
            
  Posted in Supreme                  Court, Voting                  Rights Act  | Comments                  Off 
          
          
            
 Cha-ching!            
            
              Posted on              January 23,                  2013 1:41 pm by              Rick                  Hasen 
            
              
Ben                  Nelson earns $1 million (plus!) payday.
              
                
              
            
            
  Posted in conflict                  of interest laws, legislation and legislatures, lobbying               | Comments Off 
          
          
            
 “Fiscal cliff,                elections boost spending on lobbying”            
            
              Posted on              January 23,                  2013 1:06 pm by              Rick                  Hasen 
            
              
CPI                  reports.
                            
                
              
            
            
  Posted in legislation and legislatures, lobbying               | Comments Off 
          
          
            
 “Watchdogs,                conservatives rap Obama’s new advocacy group”            
            
              Posted on              January 23,                  2013 1:05 pm by              Rick                  Hasen 
            
              
USA                  Today reports.
                            
                
              
            
            
  Posted in campaign                  finance, tax                  law and election law  | Comments Off 
          
          
            
 Brennan                Center, CAC File Brief in Arizona “Elections Clause”                Case            
            
              Posted on              January 23,                  2013 12:37 pm by              Rick                  Hasen 
            
              
Press release: “The Supreme Court should strike down an                Arizona law requiring additional documents to register                to vote, argue the Brennan Center and the Constitutional                Accountability Center in an amicus                  brief.”
              
                
              
            
            
  Posted in election                  administration, voter                  registration  | Comments                  Off 
          
          
            
 Two Responses to Teddy Rave’s                “Politicians as Fiduciaries” Well Worth Reading            
            
              Posted on              January 23,                  2013 12:30 pm by              Rick                  Hasen 
            
               
                  
Déjà Vu All Over Again: Courts, Corporate Law, and                    Election Law
                
                            
                
Heather K. Gerken and Michael S. Kang
              
                            
                  
Translating Fiduciary Principles Into Public Law
                
                            
                
Ethan J. Leib, David L. Ponet & Michael Serota
              
              
                
              
            
            
  Posted in theory               | Comments Off 
          
          
            
 “Election                Reform Should Be a Top Priority for New Congress”            
            
              Posted on              January 23,                  2013 12:04 pm by              Rick                  Hasen 
            
              
Ari                  Berman writes for The Nation.
              
                
              
            
            
  Posted in election                  administration, The                  Voting Wars  | Comments                  Off 
          
          
            
 Amazon Now Has the New 3rd Edition of                Remedies: Examples and Explanations in Stock            
            
              Posted on              January 23,                  2013 11:54 am by              Rick                  Hasen 
            
              
Find                  it here.  (Also on Kindle.)
              
                
              
            
            
  Posted in Remedies               | Comments Off 
          
          
            
 “The Majoritarian Filibuster”            
            
              Posted on              January 23,                  2013 11:44 am by              Rick                  Hasen 
            
              
Timely                  student note in the Yale Law Journal by                Benjamin Eidelson.
              
                
The debate over the Senate filibuster revolves around                  its apparent conflict with the principle of majority                  rule. Because narrow Senate majorities often represent                  only a minority of Americans, however, many                  filibusters are not at odds with majority rule at all.                  By paying attention to such “majoritarian                  filibusters,” this Note aims to disrupt the terms of                  the traditional debate and open up a new space for                  potential compromise. This Note reports the first                  empirical study of the majoritarian or                  countermajoritarian character of recent filibusters.                  These data reveal that, in half of the Congresses over                  the past two decades, successful filibustering                  minorities usually represented more people than the                  majorities they defeated. The choice whether to                  preserve the filibuster therefore cannot be reduced to                  a simple choice between majority rule and minority                  rights. After exploring the distribution of                  majoritarian and countermajoritarian filibusters along                  other dimensions of interest, this Note proposes that                  the majority-rule principle might be better served by                  simply reducing the sixty-vote cloture                  threshold—thereby shifting the balance toward                  majoritarian as opposed to countermajoritarian                  filibusters—than by abolishing the filibuster                  altogether.
              
              
                
              
            
            
  Posted in legislation and legislatures               | Comments Off 
          
          
            
 “Courts as                Managers: American Tradition Partnership v. Bullock and                Summary Disposition at the Roberts Court”            
            
              Posted on              January 23,                  2013 11:43 am by              Rick                  Hasen 
            
              
Alex                  Hemmer has written this interesting piece at the                Yale Law Journal Online.
              
                
              
            
            
  Posted in campaign                  finance, Supreme                  Court  | Comments                  Off 
          
          
            
 “Milwaukee prosecutors                investigating voter fraud”            
            
              Posted on              January 23,                  2013 11:41 am by              Rick                  Hasen 
            
              
Allegations                of two people double voting.
              
                
              
            
            
  Posted in chicanery,                election                  administration  | Comments                  Off 
          
          
            
 “Senate                Democrats Lack Votes for ‘Talking Filibuster’ Plan”            
            
              Posted on              January 23,                  2013 11:38 am by              Rick                  Hasen 
            
              
Roll                  Call: “Democratic senators favoring the most                robust overhaul of the chamber’s filibuster rules do not                have the votes to enact a ‘talking filibuster,’ even                with a simple majority, according to the top Democratic                vote-counter.’
              
                
              
            
            
  Posted in legislation and legislatures, political                  parties, political                  polarization  | Comments                  Off 
          
          
            
 Michael                Beckel Tweets on Interesting CATO Campaign Finance Event            
            
              Posted on              January 23,                  2013 11:16 am by              Rick                  Hasen 
            
              
Read                  the tweets.
              
                
              
            
            
  Posted in campaign                  finance  | Comments                  Off 
          
          
            
 Quote                of the Day            
            
              Posted on              January 23,                  2013 10:53 am by              Rick                  Hasen 
            
              
“What’s a pretty girl like you doing reading those?”
              
—NYC City Council Candidate Ed                  Herzog, quoted in “Council Candidate Balks at                Campaign Finance Questions From ‘Pretty Girl’” (h/t from                the too handsome Ken                  Vogel)
              
                
              
            
            
  Posted in campaign                  finance  | Comments                  Off 
          
          
            
 “Brennan Center Highlights New                Proposal to Modernize Voting System, Bill Introduced                Today”            
            
              Posted on              January 23,                  2013 9:52 am by              Rick                  Hasen 
            
              
See                  this press release.
              
                
              
            
            
  Posted in election                  administration  | Comments                  Off 
          
          
            
 “City seeking                applicants for redistricting group”            
            
              Posted on              January 23,                  2013 9:44 am by              Rick                  Hasen 
            
              
News                  from Austin: “The city of Austin is looking for                volunteers to help carry out a dramatic shift in city                government. Applications are being accepted to serve on                a 14-member committee of residents that will draw maps                for 10 City Council districts. Voters agreed last fall                to change the council from seven citywide members to 10                district representatives and a citywide mayor. The                ballot measure called for a group of residents, not the                City Council, to draw the districts, so that council                members can’t gerrymander the lines to try to keep their                seats.”
              
                
              
            
            
  Posted in citizen                  commissions, redistricting               | Comments Off 
          
          
            
 “Voting Tech                Standards: What Legislators Need to Know”            
            
              Posted on              January 23,                  2013 9:43 am by              Rick                  Hasen 
            
              
The latest issue of NCSL’s “The Canvass” is now                  available.
              
                
              
            
            
  Posted in election                  administration, voting                  technology  | Comments                  Off 
          
        
      
    
    
-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
  
 
_______________________________________________
Law-election mailing list
Law-election at department-lists.uci.edu
http://department-lists.uci.edu/mailman/listinfo/law-election

 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0005.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0006.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0007.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0008.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0009.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0010.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0011.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0012.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0013.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0014.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0015.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0016.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0017.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0018.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0019.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0020.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0021.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0022.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0023.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130124/cff61070/attachment-0024.png>


View list directory